A broad review of case law shows a consistent approach affirmed in many respects by the Council of State: the deteriorated conditions of a property or its surrounding environment do not constitute an obstacle to the exercise of administrative powers to protect assets of historical or artistic interest, provided that the assets still exist and express their value. The preliminary investigation conducted during the proceedings led the court to recognise that, in this specific case, the property subject to protection was no longer recoverable and, in fact, posed a danger to public safety. The ruling also provided a broad systematic framework for the powers to protect cultural heritage, which must be geared towards protection but also towards the enhancement and public enjoyment of the assets.
nota a Consiglio di Stato, sez. VI, 19 febbraio 2025, n. 1407.
Tutela storico-artistica e immobili degradati / A. Roccella. - In: RIVISTA GIURIDICA DELL'EDILIZIA. - ISSN 1594-1949. - 68:4(2025), pp. 509-514.
Tutela storico-artistica e immobili degradati
A. Roccella
2025
Abstract
A broad review of case law shows a consistent approach affirmed in many respects by the Council of State: the deteriorated conditions of a property or its surrounding environment do not constitute an obstacle to the exercise of administrative powers to protect assets of historical or artistic interest, provided that the assets still exist and express their value. The preliminary investigation conducted during the proceedings led the court to recognise that, in this specific case, the property subject to protection was no longer recoverable and, in fact, posed a danger to public safety. The ruling also provided a broad systematic framework for the powers to protect cultural heritage, which must be geared towards protection but also towards the enhancement and public enjoyment of the assets.
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